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by Charles Geyh
Vol. 104 No. 2 (2020) | Coping with COVIDOver time, the public has simply ceased to believe judges when they say that they follow the law, and nothing but. If judges impose their ideological policy preferences, the argument […]
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I speak today about the importance of fair and impartial courts and the role of judicial independence in achieving that goal. I begin with two stories. Some years ago, my […]
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by Doriane L. Coleman and Jonathan Taylor
Vol. 104 No. 2 (2020) | Coping with COVIDThe Games of the XXXII Olympiad (Tokyo 2020) have been postponed to 2021 as a result of the novel coronavirus, but litigation at the Court of Arbitration for Sport (CAS) […]
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by Steven S. Gensler, Patrick Higginbotham and Lee Rosenthal
Vol. 104 No. 2 (2020) | Coping with COVIDA jury of 12 resonates through the centuries. Twelve-person juries were a fixture from at least the 14th century until the 1970s. Over 600 years of history is a powerful […]
In Conversation
by Mark Drummond, Samuel A. Thumma, Sherri Carter, David F. Levi, Karen Caldwell, Robin L. Rosenberg and Vaughn Walker
Vol. 104 No. 2 (2020) | Coping with COVIDBy now, our courts, state and federal, have adapted much of their work to digital platforms. But some procedures or litigation events do not easily or obviously translate to the […]
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The American version of judicial review stands alone — and almost never stood at all If Chief Justice John Marshall could have been transported on Dr. Who’s “Tardis” back to […]
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Courts and Congress are, at times, engaged in a kind of ongoing “conversation” about statutory law. Congress has exclusive power to enact statutes — but when statutory language is unclear, […]
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by Elizabeth Burch, William Rubenstein and Francis McGovern
Vol. 104 No. 1 (2020) | A Clearer ViewGrowing dockets have long been the mother of judicial invention. In 1968, Congress created the Judicial Panel on Multidistrict Litigation and authorized it to create multidistrict litigations (or MDLs) to […]
Point/Counterpoint
by James Huffman and Gerald Torres
Vol. 104 No. 1 (2020) | A Clearer ViewPOINT / COUNTERPOINT Climate change has taken center stage politically and socially. As fires raged in Australia, glaciers continued a steady melt, and the winter of 2020 tracked to become […]
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Eyewitness evidence, in which a witness visually identifies the culprit, is a staple of criminal investigations. But its fallibility is notorious. As the National Academy of Sciences explained in an […]
